3.30.11 Criminal & Family Law

-Get copy of WA and FED Constitution
-Be PRECISE in your writing. Short sentences that say exactly what you mean to say. Vague is not an option.
-Bring State rule book to class

• -Is it a Prosecutor's job to win?
• -What is truth and justice?
• -RPC's Rules of Professional Conduct
o Apply to Attorneys and Paralegals

• Laws come from legislature- Go to Olympia to watch
• Sunset Clause- adds expiration date to laws, requires review every (x) years
o Our system tries to correct law by adding more laws, become contradictory and confusing

• The Constitution
• Washington and State- When do we apply?
• Source of Law
o Jurisdiction- If you break federal law- federal court
• If you break state law- state court
o Limitation- Can the government single you out?
• Authority- Govt derives its authority from Fed Constitution
• When Fed Const is silent, State Const applies
• Areas at Issue:
• Statements and Confessions
• Suppression of Evidence
• Search and Seizure -
o Fed- 4th Amendment
o State- Article 1 Section 7-
o Read it
o Look for case law- Wa Ct Ap/Sup C

Limitations of Governmental Action
• Indictments
o Fed- Grand Jury
o State- Notice & Complaint and Arraignment
• How do we convince a Judge to release?
• FOR NEXT WEEK- What are the criteria for release in WA on felony case?
• Write one paragraph convincing Judge to release without bail for Arnica
• Go to criminal rules

• Preliminary Determination- Appear before Judge (before charges filed) flash decision
o Released or held
o "to wit" = specifically
• Arraignment- to get personal jurisdiction- Notice
o Court must read charges and allow accused to enter a plea
o Within 14 days after Information (prosecutor's statement of accusation)
• Pretrial Hearing
o Suppression CrR 3.6- Physical Objects
• Preliminary showing to judge for motion to suppress
• Motion to suppress- Usually the issue that decides the case
• Burden is on defender to prove impermissible seizure
• Bulk of work and bulk of appeals
• 4th Amend.- Unreasonable Search & Seizure
• Art. 1 Sec. 7- State version, more restrictive than Fed.
• Proponent of evidence has the burden of proving admissibility
o Confession CrR 3.5- Statements
• If a statement is offered as evidence the Judge must set hearing to determine admissibility
• 5th Amend.- right to remain silent
• Choice/Knowledge &Voluntariness
o Burden- State must prove that statement was made knowingly and voluntarily
• Miranda
• Lawyer- 6th Amend.


• Source of Law
• Jurisdiction
• Where the act occurred
• Nature of the act
o Subject Matter- easier in criminal cases
o Person-
o Pleading
o Inherent Authority

• Misdemeanor- Max 90 days
o May be heard in court of limited jurisdiction
• Court with limited scope of authority
• Speeds up process and reduces case load of other courts
• CrRLJ- Separate set of court rules for these courts

• Felony- Min one year

• Only 3-4% of criminal cases go to trial

• Washington is Determinate Sentencing state
o Predefined sentences based on a number of factors
o RCW 94a
o Non-Exclusive Statutory Factors (others may be included)

• Appeal of Verdict
o From question of law

Roles:
• Investigation- Police
o Find Facts
• Case Building- Prosecutor
o Work with police
• Pressing Case in Court- Different Prosecutor
o Moves file forward
• Challenging Case- Defense Attorney
• Arbiter of Law- Judge

Franks v. Delaware
• Requires honesty for purposes of obtaining a warrant

IRAC
-Issue
-Relevant Law
-Application to Facts
-Conclusion

With each motion consider:
• (What I want- driving force for all arguments, etc. Tell Judge what you want)
• Law
• Factual Basis- Evidence- EX Declaration (under penalty of perjury)
• Analysis

For Next Week
-Bring WA Rules
-Read Arnica case
-Print your paragraph on release for Arnica

3.15.11

Complex Litigation begins Tuesday April 5th, here in T-439, 6:00-9:00pm.
Bruce will be out of the country from 3/17-4/1.
Passing- for this class 70%

Appeals continued

Appeal bonds
Bond = Security
If TRO or preliminary injunction is issued improperly, the bond is there to make up for damage.
• Appeal Bond- At appellate level the LOSER pays the costs of the appeal. (As opposed to trial court level)
• Supersedeas Bond- Protects the party who has a judgment, from a party who appeals a judgment for no other reason than to postpone paying the judgment. An appeal may reverse the original judgment, but it is not an extension of the original trial. If you won at trial, even if an appeal has been filed, you have a right to collect now. Bond covers judgment and interest. If you cannot pay the bond, you may not appeal.

• Appellate Briefs- Fairly boilerplate, not much research required, most done at trial level.
• Amicus Briefs- "Friend of the court" brief written by party who wants to sway court opinion.
➢ EX Roe v. Wade, Planned Parenthood wrote Amicus brief
➢ FRAP 29, RAP 10.6
• Strict Rules on Format- Color-Coded Covers, Table of Contents, etc.
• FRAP- 25 copies/ RAP 10.5 - court makes copies and bills you
• Either side can appeal, Appellant is the one who appeals.
• Exhibits- Can be recovered from court, if left, they will be disposed of.
• Petition for Re-hearing FRAP 30- Ask for reconsideration of ruling, as in Motion for Re-consideration.
• Petition for Cert- Must get 4/9 Justices to agree to hear case.

• Turning your judgment into cash-
➢ CR 62 -You have 10 days before you can start executing on a judgment.
• Assessing finances of debtor- you should have done this in the beginning- The Triangle= Damages, Liability, and POCKET
• Procedures to reveal assets
• Post trial interrogatories
• Post judgment deposition "Debtor Exam" CR 69
• Personal property is seized and sold before real property
• Why?
• 1) Simpler- Easy to seize personal property
• 2) Risk of Abuse- Could seize your house and throw you out on $500 judgment, when you have significant savings, bonds, etc.
➢ Garnishment
• "The ability of a creditor to seize ANY property of the judgment debtor held by a third person." Third party is answerable to court.
• EX Kate owes you money, Kate loaned her boat to Jenny, you garnish the boat from Jenny.
• EX Wage garnishment- you garnish the employer to take the debtor's wages.
• Max 25% of Gross (before taxes)